Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. Borrowers and Guarantors shall not, and shall not permit any Subsidiary to:
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. Borrowers and Guarantors shall not, and shall not permit any Subsidiary to amend, modify or otherwise change its certificate of incorporation, articles of association, certificate of formation, limited liability agreement, limited partnership agreement or other organizational documents, as applicable, including, without limitation, entering into any new agreement with respect to any of its Equity Interests, except for amendments, modifications or other changes that do not affect the rights and privileges of any Borrower or Guarantor, or its Subsidiaries in any material respect and do not adversely affect the ability of any Borrower, any Guarantor or such Subsidiary to amend, modify, renew or supplement the terms of this Agreement or any of the other Loan Documents, or otherwise adversely affect the interests of Agent or any Lender in any material respect and so long as at the time of any such amendment, modification or change, no Default or Event of Default shall exist or have occurred and be continuing;
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. It shall not amend, modify or otherwise change, (a) its certificate of incorporation or bylaws (or other similar organizational documents), including by the filing or modification of any certificate of designation, or any agreement or arrangement entered into by it, with respect to any of its capital stock (including any shareholders’ agreement) except any such amendments, modifications or changes pursuant to this clause that either individually or in the aggregate would not be materially adverse to the interests of the Lenders, (b) its accounting policies or reporting practices, (c) the Indenture, or (d) the Term Credit Agreement in a manner prohibited by the Intercreditor Agreement. 83
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. It shall not, and it shall not permit any of its Subsidiaries to, amend, modify or otherwise change (i) its certificate of incorporation or bylaws (or other similar organizational documents), including by the filing or modification of any certificate of designation, or any agreement or arrangement entered into by it, with respect to any of its Capital Stock (including any shareholders’ agreement) except any such amendments, modifications or changes pursuant to this clause that either individually or in the aggregate would not be materially adverse to the interests of the Lenders; or (ii) its accounting policies or reporting practices.
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. The Borrower shall not, and shall not permit any of its Subsidiaries to amend, modify or otherwise change its certificate of incorporation or bylaws (or other similar organizational documents), including, without limitation, by the filing or modification of any certificate of designation, or any agreement or arrangement entered into by it, with respect to any of its Capital Stock (including any shareholders' agreement) except (i) any such amendments, modifications or changes pursuant to this clause that either individually or in the aggregate would not be materially adverse to the interests of the Lenders, or (ii) any such amendments, modifications or changes in connection with the plans set forth on SCHEDULE 9.13(A).
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. Such Credit Party shall not, and shall not permit any of its Subsidiaries to, amend, modify or otherwise change its certificate of incorporation or bylaws (or other similar organizational documents), including, without limitation, by the filing or modification of any certificate of designation, or any agreement or arrangement entered into by it, with respect to any of its Capital Stock (including any shareholders’ agreement) except (a) any such amendments, modifications or changes pursuant to this clause (a) that either individually or in the aggregate would not be materially adverse to the interests of the Lenders or (b) any such amendments, modifications or changes in connection with the plans set forth on Schedule 8.01(E).
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. Each Borrower and Guarantor shall not amend, modify or otherwise change its certificate of incorporation, articles of association, certificate of formation, limited liability agreement, limited partnership agreement or other organizational documents, as applicable, including, without limitation, entering into any new agreement with respect to any of its Equity Interests, except for amendments, modifications or other changes that do not affect the rights and privileges of any Borrower or Guarantor, or its Subsidiaries in any materially adverse respect and do not adversely affect the ability of any Borrower, any Guarantor or such Subsidiary to amend, modify, renew or supplement the terms of this Agreement or any of the other Loan Documents, or otherwise adversely affect the interests of Agent or any Lender in any material respect and so long as at the time of any such amendment, modification or change, no Default or Event of Default shall exist or have occurred and be continuing. Borrowers and Guarantors shall not amend, modify, alter or change the terms of any Indebtedness permitted under Sections 10.3(i), (k), (l), (m) or (n) hereof; except, that, Borrowers and Guarantors may, after prior written notice to Agent, amend, modify, alter or change the terms thereof so long as each of the following conditions is satisfied: (i) promptly upon Agent’s request, Agent shall have received true, correct and complete copies of all material agreements, documents and instruments evidencing or otherwise related to such amendment, modification, alteration or change, as duly authorized, executed and delivered by the parties thereto, (ii) the amendment, modification, alteration or change shall not reduce the Weighted Average Life to Maturity and the final maturity, respectively, of the Indebtedness being extended, amended, modified, altered or changed, (iii) the Indebtedness, as amended, modified, altered or changed shall rank in right of payment no more senior than, and be at least as subordinated (if subordinated) to, the Obligations as any such Indebtedness prior to such amendment, modification, alteration or change, (iv) the amendment, modification, alteration or change shall not include terms and conditions with respect to Borrowers and Guarantors, taken as a whole, which are more burdensome or restrictive in any material respect than those included in the Indebtedness prior to such amendment, modification, alteration or change, taken as a whole, so that in view of all ...
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. The Borrower shall not, and shall not permit any of its Subsidiaries to:
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. It shall not amend, modify or otherwise change (i) its certificate of incorporation or bylaws (or other similar organizational documents), including by the filing or modification of any certificate of designation, or any agreement or arrangement entered into by it, with respect to any of its capital stock (including any shareholders’ agreement) except any such amendments, modifications or changes pursuant to this clause that either individually or in the aggregate would not be materially adverse to the interests of the DIP Lenders hereunder; it being understood that changes to the certificate of incorporation relating to the number or terms of existing or future equity securities will not be considered to materially adversely affect the DIP Lenders to the extent that such changes otherwise comply with Borrowers’ obligations under the Loan Documents; or (ii) its accounting policies or reporting practices other than amendments, modifications or changes consistent with GAAP so long as such amendment, modification or change has no material impact on reporting financial data.
Modifications of Indebtedness, Organizational Documents and Certain Other Agreements. It shall not amend, modify or otherwise change, (a) its certificate of incorporation or bylaws (or other similar organizational documents), including by the filing or modification of any certificate of designation, or any agreement or arrangement entered into by it, with respect to any of its capital stock (including any shareholders’ agreement) except any such amendments, modifications or changes pursuant to this clause that either individually or in the aggregate would not be materially adverse to the interests of the Lenders, (b) its accounting policies or reporting practices, (c) the Indenture, (d) the Term Credit Agreement or any of the “Cash Collateral Agreement” or the “Loan Documents” (each as defined in the Term Credit Agreement) as in effect on the Closing Date, or (e) the Convertible Note Debt Documents (including, without limitation, the Senior Convertible Notes), except any such amendments, modifications or changes pursuant to this clause (e) that either individually or in the aggregate would not be materially less favorable to the interests of the Administrative Agent, the Collateral Agent, any Lender, any L/C Issuer or any Credit Party.
